§ 42-64.13-7. Powers of the office of regulatory reform.
The office of regulatory reform shall have the following powers:
(1) The director of the office of regulatory reform is authorized to intervene or otherwise
participate in any regulatory or permitting matter pending before any executive branch
agency or department or before any municipal board, commission, agency or subdivision
thereof at which a regulatory or permitting matter is pending for the expressed net
benefit of a business. The director of the office of regulatory reform may so intervene
or otherwise participate in such pending regulatory and permitting matters by providing
written notice to the director of any department or state agency in the executive
branch, or the chairperson or presiding officer over any municipal department or subdivision
thereof at which a regulatory or permitting matter is pending, that the director of
the office of regulatory reform is so intervening or otherwise participating in such
regulatory or permitting matter pending before such department, agency, board or commission.
The director of the office of regulatory reform shall be considered a party to the
action and shall be provided reasonable notice of any and all administrative hearings
or meetings involving the parties in such matter and shall be the opportunity to participate
in such meetings, hearings or other administrative procedures of such entity, of which
such opportunity may be waived only by writing from the director of the office of
regulatory reform, for the purpose of assuring the efficient and consistent implementation
of rules and regulations in order to foster the creation and retention of jobs in
Rhode Island or otherwise foster economic development in Rhode Island consistent with
the purposes of this act. Any intervention or participation by the director of the
office of regulatory reform, other than in contested cases, shall not be deemed to
violate the provisions of the Rhode Island administrative procedures act at chapter
35 of this title. Provided, however, all contested cases shall be conducted in accordance
with the provisions for hearings of contested cases in the administrative procedures
act, chapter 35 of this title. As used in this section, the term "contested case�
means a proceeding in which conflicting rights between adverse parties are required
by law to be determined in an adversary proceeding that is judicial or quasi-judicial
in nature, and not purely administrative in character, before and/or by an agency.
(2) Promptly upon such intervention as set forth in subsection (1) of this section, the
director of the office of regulatory reform shall publish its rationale for its intervention
in such pending regulatory or permitting matter. The director of the office of regulatory
reform may so intervene upon findings that:
(i) The pending, regulatory or permitting action, in and of itself or as part of a regulatory
process, has significant economic development impact upon the state or any municipality
herein; and
(ii) The pending regulatory or permitting matter, in and of itself or as part of a regulatory
process, has significant impact on any industry, trade, profession, or business that
provides significant jobs or other significant economic development impact, including
municipal and state taxes or other revenues, to the state or its citizens.
(iii) The office of regulatory reform shall upon the conclusion of each fiscal quarter promptly
provide to the office of the governor and the general assembly through the offices
of the president of the senate and the speaker of the house of representatives a written
report identifying:
(A) All matters in which the director of the office of regulatory reform intervened;
(B) The rationale for the director's intervention;
(C) The status of the pending regulatory or permitting matter;
(D) Any observations or recommendations from the director of the office of regulatory
reform with respect to such regulatory or permitting policies or procedures relating
to the subject matter of such pending regulatory or permitting matters in which the
director so intervened; and
(E) The status of the agency rule review required pursuant to § 42-35-3.4(d) [repealed] including the number of rules reviewed within the previous quarter, the
number of rules amended or rescinded, and the estimated aggregate impact of such amendments
or rescissions on businesses in Rhode Island.
(3) The office of regulatory reform is authorized to appear as an amicus curiae in any
legal proceeding relating to any matter.
(4) The office of regulatory reform is authorized to coordinate with and support the building
commissioner and fire marshal in the development and implementation of a standard
statewide process for electronic plan review, permit management and inspection.
(5) The office of regulatory reform is authorized to coordinate, provide technical assistance,
and oversee state agency regulatory review and accompanying economic impact statements
on small businesses.